Acórdão nº 9110466 de Court of Appeal of Porto (Portugal), 20 de Janeiro de 1992
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 20 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART289 ART474 ART479 N2 ART480 ART559 ART1259 ART1260 N1 ART1260 N2 ART1269 ART1270 N1 ART1271 N1. CPC67 ART481 ART673 ART497 ART498.
Sumário: I - Não tendo sido alegada a prescrição de juros na contestação, fica precludido o direito à sua invocação, dado o disposto nos artigos 489 e 506, n. 3 do Código de Processo Civil, não podendo, por isso, e ainda porque no recurso não pode suscitar-se matéria nova sob pena de preterição de um grau de jurisdição, tal questão ser suscitada pela primeira vez no recurso para a Relação. II - Aos efeitos da invalidade contratual, designadamente ao regime de juros de mora em relação à obrigação de restituir, não são aplicáveis as normas relativas ao enriquecimento sem causa, pelo que o valor da restituição deve reportar-se ao valor obtido " ex vi " do artigo 289 do Código Civil e não apenas ao enriquecimento efectivo, como dispõem os artigos 479, n. 2 e 480 do mesmo Código. III - O promitente vendedor possuidor do sinal que recebeu por via de contrato-promessa nulo por falta da assinatura do suposto promitente comprador deve haver-se, por força do disposto no artigo 1270, n. 1 do Código Civil, como possuidor de má fé a partir da sua citação para a acção de...
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